Pernell W. McGuire Partner

Bankruptcy Business Bankruptcy

Mr. McGuire is the managing partner of Davis Miles McGuire Gardner, now the sixth largest law firm in Arizona, with additional offices in New Mexico and Utah. He has been dedicated to providing bankruptcy and debtor/creditor services to people and businesses throughout Arizona for over twenty five years. Mr. McGuire has been certified by the Arizona State Bar Board of Legal Specialization as a specialist in Bankruptcy since 1999. Mr. McGuire has the highest possible “AV Preeminent” rating by the Martindale-Hubbell Peer Review Ratings system, and is listed in the 2021 edition of U.S. News and World Report‘s Best Lawyers in America.

Mr. McGuire has personally handled thousands of bankruptcy and collection cases on behalf of both debtors and creditors in state, federal and tribal courts in Arizona, Utah, Colorado, Nevada, Texas and New York. In addition to his practice, Mr. McGuire has served as a lecturer of business law at Northern Arizona University. Mr. McGuire is also a member of the bankruptcy advisory commission of the Arizona State Bar Association, the committee responsible for certifying bankruptcy specialists in Arizona.

Education

Brigham Young University, J. Reuben Clark School of Law, Provo, UT (J.D., cum laude, 1991)
Brigham Young University (B.S., Accounting, 1988)

Court Admissions

State of Texas, 1991
State of Arizona, 1994
Navajo Nation
Hopi Tribal Courts
U.S. Court of Appeals, 9th Circuit

Professional Memberships & Activities

State Bar Certified Bankruptcy Law Specialist

Publications & Presentations

Discharge of Payroll Taxes in Bankruptcy, August, 2012
Chapter 11, Not Just for Corporations Anymore, May, 2012
Allowance of 401(k) Contributions in Chapter 13, American Bankruptcy Institute Journal, February, 2010

Trials & Representations

Representation of debtors in chapter 11 cases

Lead counsel to owner of shopping center facing foreclosure. Prevented foreclosure and represented debtor in sale of the shopping center for $14.6 million providng for full payment to all creditors and return of substantial payment to debtor
Confirmation of chapter 11 plan on behalf of individual debtors restructuring indebtedness on five real estate investment properties valued at approximately $2 million
Representation of debtor before 9th Circuit Court of Appeals and obtained reversal of $1.07 million judgment

Representation of creditors

Lead counsel for creditor in chapter 11 case obtaining relief from the automatic stay allowing the creditor to foreclose on its collateral valued at $1.2 million
Obtained judgment exceeding $1.3 million on behalf of creditor in garnishment action against major bank who released garnished funds. Case settled while on appeal for seven figures

Reported cases

Cristall v. Cristall, 225 Ariz. 591, 242 P.3d 1060 (App. 2010)
Dupont v. Reuter, 220 Ariz. 303, 206 P.3d 459 (2009)
Staff Relief v. Polacca, 8 Nav. R. 49 (Nav. Sup. Ct. 2000)

Bankruptcy

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